KRISHNU Vs. STATE OF HIM ACHAL PRADESH
LAWS(HPH)-1997-5-28
HIGH COURT OF HIMACHAL PRADESH
Decided on May 13,1997

KRISHNU Appellant
VERSUS
STATE OF HIM ACHAL PRADESH Respondents




JUDGEMENT

R.L.KHURANA,J - (1.)The appellant, hereinafter referred to as the accused stands convicted by die learned Additional Sessions Judge, Bilaspur, vide judgment dated 6.5.1991 for the offence under section 376 read with section 511 Indian Penal Code and sentenced to rigorous imprisonment for a period of four years and to fine of Rs.3000/ -. In default of payment of fine, the accused was directed to undergo rigorous imprisonment for a further period of six months.
(2.)Briefly stated, the prosecution story is this. PW Sant Ram and PW Ratni Devi were married to each other about 15 years before the alleged occurrence. They have five children including Kumari Rita Devi, who at the relevant time was of about six years of age.,
(3.)On 12.6.1989 at about 5.30 P.M. PW Ratni Devi had gone to answer the call of nature. While so going she left her daughter Kumari Rita Devi in the "Khaliyan". When she returned after some time, she heard the cries of her daughter Kumari Rita near "Satehri". On reaching the spot she found Kumari Rita lying on the ground while the accused was lying on her with his pants off. Kumari Rita was weeping. She asked the accused as to what he was doing whereupon he lifted his pant and ran away. PW Ratni on going near her daughter found plums in her both hands. She carried Kumari Rita house. On the way she met PW Bohri to whom the occurrence was narrated by her. On reaching home, she also narrated the occurrence to her mother -in -law PW Smt. Shanti Devi. There was swelling on the private part of Kumari Rita, which was reddish in colour. PW Sant Ram, who was away to the house of his in -laws returned at about 8.30 A.M. when the occurrence was narrated to him by his wife PW Ratni Devi. He alongwith his wife took Kumari Rita to Namhol Hospital. However, the doctor was not available. Only a peon was present. PW Sant Ram thereafter went to police station Barmana where the report Ex. P A was made on the basis of which a case under section 376/511, Indian Penal Code came to be registered vide FIR No.48 of 1989 at about 3.30 P.M.


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